There were a wide variety of water bills this session, mostly
dealing with groundwater. We were successful in maintaining the rights
and ownership of groundwater and maintain local control in regards to
how things are managed. The list below details the variety of bills we
were engaged in this session and the outcome of these bills.

Requires Texas Water Development Board to identify and designate
Brackish Groundwater Production Zones. These zones are areas that are
conducive to desalination projects. The bill was amended to remove all the regulatory provisions from the bill.
HB 200 by Rep Jim Keffer & Senator Charles Perry – Passed

Repeals the appeal of a Desired Future Condition to the Texas Water Development Board.
Allows an “affected person” including landowners to appeal the adoption
of a Desired Future Condition by a groundwater conservation district.
The appeal is whether or not the DFC sets a “reasonable” limit on
groundwater production for the area. States that protecting private property rights is one of the purposes of groundwater conservation districts.HB 898 by Rep Trent Ashby and SB 611 by Senator Charles Perry – FAILED

Requires the TWDB to conduct a comprehensive study of the state’s aquifers.HB 2892 by Rep Andrew Murr – FAILED

Defines the process and procedures TCEQ must use before declaring a stream navigable.HB 2647 by Rep Trent Ashby & Senator Craig Estes – Vetoed by the Governor

Allows a power generator to delay the curtailment groundwater production
from wells used for power generation or mining to protect the public
health and safety or electric reliability.HB 3163 by Rep John Cyrier & Senator Kirk Watson- Passed

Protects Groundwater Conservation District Board members from being sued personally for decisions made as a board member.HB 3298 by Rep Lyle Larson & Senator Charles Perry-FAILED

Requires TWDB to study how to construct and operate a statewide water “grid.”HB 3324 by Rep Lyle Larson- FAILED

Made several amendments to the permitting process of an interbasin
transfer of surface water, including a repeal of the “junior water
rights” provision to protect the basin of origin.HB 3356 by Rep Eddie Lucio, III – FAILED

Requires a groundwater conservation district to “consider” regulating
the production of groundwater by retail public utilities based on the
service needs or area served by the utility.HB 4097 by Rep Todd Hunter & Senator Lois Kolkhorst- Sent to Governor

Requires one member of the Texas Water Development Board be a person who actively participates in agricultural production.SB 521 by Senator Troy Fraser- FAILED
Extend the time frame for TCEQ to grant an emergency authorization to 270 days.SB 523 by Senator Brian Birdwell & Rep Jim Keffer- Passed

Allow groundwater permits to automatically renew as long as there has
not been a change in aquifer conditions or production under the permit.

Proposition 6 Update (2013 - 2014)

In 2013, the Texas Legislature authorized transferring $2 billion
from the state's "Rainy Day Fund" to create a new loan program, later
approved by Texas voters, to fund projects in the state water plan. The
funds available through SWIFT will help Texas communities of all
sizes—from small rural towns to large metropolitan areas—develop
drought-proof water supplies. Projects range from conservation and
reuse, to desalting groundwater and seawater, to building new pipelines
and developing reservoirs and well fields, to many more.

S.B. 332, “Groundwater Ownership” was a very important initiative
this session. Groundwater is an integral part of the land that is owned
by private landowners. STPRA signed on in support of the “Groundwater
Ownership” group led by the Texas and Southwestern Cattle Raisers
Association (TSCRA), the Texas Wildlife Association (TWA) and the Texas
Farm Bureau (TFB). S.B. 332 established that groundwater below the
surface is the “real property” of the landowner and that the landowner
has the right to produce water below the surface. The groundwater
authorities still have the responsibility to regulate groundwater
production to insure that landowners’ rights are protected.

Governor Perry signed the bill June 17, 2011. It went into effective September 1, 2011. STPRA believes that S.B. 332 is a major victory for landowners.